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1998 Supreme(Mad) 955

S.S.SUBRAMANI
Hindustan Photo Films Manufacturing Co. Ltd. , rep. by its Managing Director – Appellant
Versus
R. Lakshmanan – Respondent


Advocates:
Mr.T.Dalit Singh Advocate for Petitioner. Mr.Elango Advocate for Respondent

Judgment :

1. This revision is filed under Article 227 of the Constitution of India against the interim order of the lower Court granting interim injunction restraining the petitioner herein from continuing in the service of the respondent.

.2. The facts necessary for proper disposal of the revision could be summarised thus:

.Respondent herein joined the petitioner-company limited on 21. 198 1/which is a Government of Tamil Nadu undertaking, as Deputy Personnel Manager stating his date of birth as 2. 1940 and he was promoted thereafter. As per rules governing the company, he has to retire on 28-02-1998, i,e. at the month end of the year when he attains the age of 58 years. A fare-well party was conducted and the respondent also participated and received gifts and mementos. Even before his retirement, he filed a suit on 24. 1997 as O.S.No.289 of 1997 on the file of District Munsif Court, Udhagamandalam, seeking a declaration that his date of birth is 9. 1940. In that suit, he did not file any application for injunction. Thereafter, he filed a petition in Tr.O.P.No.6 of 1998 before the District Court, Udhagamandalam, to transfer the suit pending on the file of the District Munsif C























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